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  • crazyghoda
    01-30 02:15 PM
    Wow! Thanks a lot for posting such detailed RFE information. This really helps a lot in understanding what I may be asked.

    My GC sponsoring employer revoked my H1 last year itself. I could see the change in status back then itself within a month of having left them. Nothing happenned after that. I got a new H1 from my (then) new employer and things continued as before. This employer has not yet revoked my H1 (from what I can see) and its probably because they are almost going under. There are less than 25 people left in the company so I doubt that they will have spent the money to go and revoke all the H1s of the folks they laid off.

    Maybe its like someone suggested - USCIS is pre-processing my 485 based on received date since I mailed my app very early on in July 2007.

    Hi had an RFE when my dates were not current. Here is the scan of my RFE notice.
    Hope the scan helps you prepare in advance the necessary documentation.

    http://i22.photobucket.com/albums/b337/sprash/RFEMine.jpg
    http://i22.photobucket.com/albums/b337/sprash/RFEWife.jpg

    I had discussed this in the following thread:
    http://immigrationvoice.org/forum/showthread.php?p=296497#post296497


    My *guess* is that the revoking of previous H1b has triggered this RFE --- When my wife's previous employer canceled her H1b it took a few months before her already approved h1b petition was reopened (as per USCIS online).

    The suspense must be terrible!

    Good luck.





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  • chmur
    03-17 05:35 PM
    The way I read it is ...People with PD's earlier than 2004-05 have been their long enough to understnd the pain and hence are active in all these forums , participate in such polls etc.

    Others are happy with their EAD's and know anyway it's going to be a while and are in hibernation ...cannot blame them ...this GC following can get stressfull ....ignorance is bliss....suddenly the laws might change or something like July 07 might happen again ....

    I think only those who got stuck in the Labor backlog (This could be huge #) and few other unlucky ones like me are the ones who are still waiting in India-EB3 Catergory pre 2004.


    I know a bunch of India-EB3 pre 2004 got approved in the gold rush of July 2007





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  • techmia
    07-01 04:40 PM
    Everyone is busy partying.





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  • sparky_jones
    03-12 08:30 AM
    This once again proves that most of the popular immigration attorneys and other parties claiming to have "inside" information really don't have much more access to information than the rest of us.



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  • arnab221
    09-10 12:26 PM
    ouch that is so ironic.... 'Equine Cruelty'?? What about 'immigrant cruelty'?
    some of the priorities in this country are all screwed up...

    That shows the on what priority we are on their list . We are below horse also :D

    remember a Horse a US Citizen horse while you are not , so cruelty to a US citizen is always before cruelty to aliens .

    Man sees a woman getting chased by a dog.When the dog is about to bite the woman,
    the man intervenes and kicks the dog.
    A reporter was seeing all this.He said "That was great.
    I'll definitely publish this in newspaper.Tomorrow the headline will be
    'LOCAL HERO SAVES LADY FROM A DOG'."

    The man replied "Thank you, but I'm not from here.I am from US". Reporter " OK.
    Then the headline will be
    US CITIZEN SAVES WOMAN FROM A DOG".

    Man: Actually, I live in US but I'm not a US citizen.

    I'm a Pa****i national".
    Next day, the headline in the paper read .... .... .... .... .... .... ........ .... .... .... .... .... .... .... ....

    TERRORIST ATTACKS A LOCAL DOG



    * This Joke is copied from the internet and in no way reflects my personal feelings . This is just for having some fun and cheering us up .





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  • solaris27
    07-12 08:33 AM
    http://www.immigration-law.com/



    Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:


    I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
    104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.

    Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.


    The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.



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  • ryan
    08-21 03:31 PM
    You could cry us and USCIS a river. Fact is that you have broken the law, whether knowingly or unknowingly. USCIS will treat you like an illegal alien, which in fact you are.

    Jesus! Please, tone it down. She's come to this forum asking for help.

    luvschocolates, most folks on this form are employment based immigrants i.e. have their application for green cards sponsored by multinational firms -- for which there's a due process. In your case, I'd say best, hire an immigration attorney ASAP. Most often they are well knowledgeable with ways of the USCIS. Good luck to you, and keep us posted.





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  • ItIsNotFunny
    03-10 04:22 PM
    Until Economy is back on track and unemployment rate is back to below 5%, do not attempt anything that pisses of American public. It is not the public perse, but those anti-immigration idiots will cry foul and make GC process even harder.

    Right now, sit tight and wither the financial storm. The best action is to unlink I-485 adjudication to priority date. So, I-485 is approved and status changed to "Approved, awaiting VISA number".

    They should create a list where approved I-485s with VISA number pending will be placed in a queue based on original PD. They should get automatic VISA number as soon as one is available in that order. Then the system automatically orders a GC. This should be automated so that another IO shouldn't mess with it.

    They can also link this database with FBI or crime database so that if anyone is convicted, it will automatically generate a flag and USCIS can decide what to do with that approved 485. So, this will keep bad guys out if they commit any crimes while 485 is awaiting VISA number.

    IV core, think about this.

    All of above suggestions needs a strong case building. Getting real information about queue is key factor in case. This is why we have FOIA action item running on full force. Would you like to contribute? http://immigrationvoice.org/forum/showthread.php?p=325183#post325183



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  • imh1b
    11-19 10:34 AM
    why cant they spell out the damn rule.. instead of leaving it out for speculations...

    insane!

    Did you file the lawsuit yet?

    Someone please update on the lawsuit to enforce visa spill over





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  • WeldonSprings
    08-27 12:19 PM
    OK, in that case add 20000 to 115964 (till Jun'08) out of 162704 for 2008, that becomes 135964 + July (2000) + August (7000)= 144000.

    Still, I see 18000 left over.

    There are few issues

    You have missed 20k annual CP cases
    The acceptance rate of I-485 application (big unknow) would change the number a lot.


    July was a slow month but August was big mover so 11k visa is just too low for this period.



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  • ramaonline
    04-23 02:19 AM
    according to a recent news item, the house speaker needs the support of at least 70 republicans to even consider a vote:

    House Speaker Nancy Pelosi, D-Calif., has told the White House she could not pass a bill with Democratic votes alone, nor would she seek to enforce party discipline on the issue.
    Bush would have to produce at least 70 Republican votes before she would consider a vote on comprehensive immigration legislation. Garnering such support might be very difficult for a president saddled with low approval ratings.
    Democratic conservatives, particularly freshmen who seized their seats from Republicans, had to weather a barrage of attacks on the issue before their victories in November and are not eager to relive the experience, party aides and lawmakers say.





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  • dressking
    09-28 05:34 PM
    Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc.

    I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.

    Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.

    Besides, having finished a graduate degree program in the US is a big contribution to the US either financially or academically or both. Some of us have spent up to six years or more in graduate school in the US. You would want to get a Green Card after six years working full time, wouldn't you? Not to mention, working over time for six years as the case of most PhD candidates.

    But the US educated have a big problem to face after graduation. That is when it comes to work that requires work experience, they are not as competitive as those who went straight to work and have got more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated are in a disadvantaged position.

    Considering the fact that the US educated have contributed a lot to the US financially and/or academically before going to work, and are still in a disadvantaged position, we do need some special treatments.

    Also, if the US educated are allowed to set up their own businesses earlier, it would be good for everybody.

    We are not trying to compete with those who are not US educated for Green Cards. We are just trying to get the Green Cards we should have gotten for the contribution we have made. Our Green Cards should not be in the same categories as yours and should not take up your quota.

    Have I made it clear?



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  • xlr8r
    06-11 08:55 AM
    Done.





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  • sanjay02
    11-27 02:42 AM
    Hi
    For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?

    When I applied for financial aid they told me that since I dont have my greencard Im not eligible



    Thnks
    Sanjay



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  • desi3933
    02-09 03:14 PM
    And reply you will never get.

    141,020 visa numbers used in FY2009
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.



    __________________
    Not a legal advice.





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  • roseball
    07-09 03:55 PM
    Yes, you are right that we cannot sue anyone for working harder. I agree with that part too.

    I didnt say they broke the "law" by processing several thousands of cases. What they did is broke their own "regulations" by approving applications with incomplete security/back ground checks.....In the current environment the country is in, this could be a very serious issue. Well again they can argue that regulations can be moulded/twisted to their liking.....

    From Oct 2006 - June 2007 USCIS only used 80k of 140k immigrant numbers available and by the end of June, they consumed all of the 140k quota.....There were cases where 485s were approved on 2nd and 3rd of July.....They made a complete mockery of their own regulations is alloting visa numbers as they like....



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  • amrutasanjiv8
    12-21 10:30 PM
    Hi ,

    I have H1B from my current company A. My fiance is having no visa so he is in India. He is in IT hardware field.....

    Also I am currently searching for jobs in IT hardware field in USA but as he is not in USA so no luck till now.....
    1) I am thinking of bringing him in USA after marriage on H4...the reason is it seems to be very difficult to find job in USA from India with H1 sponsorship ...As I have H1 , my fiance can have H4....On H4 he can not work in USA or apply for jobs in USA....plz confirm...

    2) So I am thinking of changing H1 to L1 by changing my current job .....Can I ask my new employer to sponsor L1.....or shud I ask my present employer to sponsor L1....what will be good for us?

    3) how much time H4 processing takes?

    3) If I get L1 from new/existing employer then will H4 of my dependent will get changed to L2?


    4) How much time does it take to process L1 and L2...

    5) Can a person on L1 change job in USA?

    kindly let me know your views as it is very much urgent .......


    Thanks,
    Amruta





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  • ckichannagari
    12-13 08:49 AM
    That's a good idea. A good way of generating funds for IV also. This way it would seem less burden for all of the members and they will be willing to come forward.





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  • stucklabor
    07-24 10:29 AM
    USCIS cannot allow people to file for I-485 at its own discretion without visa number availability.

    By law, an immigrant visa number has to be available to the alien at the time the application for adjustment of status is filed. See Sec. 245 (a)(3) below.

    As someone already mentioned, everyone has full time jobs and can't respond to suggestions immediately. Thanks for the patience and the bright ideas.

    http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-7169?f=templates&fn=document-frame.htm#slb-act245

    INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

    Sec. 245. [8 U.S.C. 1255]

    (a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if

    (1) the alien makes an application for such adjustment,

    (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and

    (3) an immigrant visa is immediately available to him at the time his application is filed.





    StarSun
    03-03 11:05 AM
    /\/\/\/\





    gc_aspirant_prasad
    09-11 06:54 PM
    ^^^ Bump ^^^^